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Supreme Court Overturns Madras High Court Order

In a significant ruling, the Supreme Court on Thursday annulled a directive from the Madras High Court that mandated the Tamil Nadu Police to take action against H.M. Jayaram, the now-suspended Additional Director General of Police (ADGP), regarding the abduction of an 18-year-old.

Citing the 'controversial circumstances' surrounding the case and the absence of objections from the Tamil Nadu government, a bench comprising Justices Ujjal Bhuyan and Manmohan ordered that the investigation be transferred to the Crime Branch-Criminal Investigation Department (CB-CID).

The bench was addressing a special leave petition (SLP) filed by the senior IPS officer, who sought a stay on the contentious order from the Madras High Court.

During the hearing, the Supreme Court expressed concerns about the suspension issued by the Tamil Nadu Home Department, questioning the rationale behind suspending a senior officer who was cooperating with the investigation. Justice Bhuyan remarked, 'This is demoralizing; how can you suspend him when he is part of the inquiry?'

Following consultations with the Tamil Nadu government, senior advocate Siddharth Dave clarified that Jayaram's suspension was due to his alleged involvement in the crime, not as a result of the High Court's order.

Dave referenced the All India Service Rules, which allow for suspension pending investigation. The Supreme Court noted that Jayaram could pursue remedies regarding his suspension and instructed the Chief Justice of the Madras High Court to reassign the abduction case to another bench.

Earlier this week, Tamil Nadu Police detained ADGP Jayaram as he left the Madras High Court, taking him to Thiruvalangadu police station for questioning.

Jayaram faces allegations of facilitating the abduction of a minor boy by allegedly providing his official vehicle to a group involved in forcibly separating a couple.

The case originated from a complaint by Lakshmi, whose elder son married against her family's wishes. The couple went into hiding due to fears of retaliation. In their absence, members of the woman's family, allegedly assisted by hired individuals, invaded Lakshmi's home and abducted her younger son. The boy was later discovered abandoned, injured, and traumatized.

Investigations revealed that a vehicle associated with ADGP Jayaram was reportedly used in the abduction, prompting the Madras High Court to take swift action against him.

On Tuesday, the matter escalated to the Supreme Court, where Justices Bhuyan and Manmohan agreed to hear the SLP on June 18. Jayaram's lawyer stated, 'An ADGP rank officer was arrested under the Madras High Court's directive. We filed the SLP today at 10 a.m. Please prioritize this case.'

The SLP contended that there was insufficient evidence to justify his custodial interrogation and that the 'arbitrary and prejudicial directions' violated his fundamental rights to equality and personal liberty.

Notably, the state government informed the Supreme Court that ADGP Jayaram was not arrested as he had been cooperating with the investigation.